Massachusetts Bonding & Ins. v. Winters Nat. Bank & Trust Co.

ALLEN, Circuit Judge.

This appeal involves questions of the appellant’s liability on a surety bond given by it to secure the performance by Daniel I. Harshman of his duties as administrator of the estate of Robert Chambers, deceased. Two actions presenting essentially the same issues were instituted, one in the federal court by appellant against appellee as successor administrator, seeking a declaratory judgment; the other, commenced by appellee in the state court, later removed to the federal court on the ground of diversity, was an action on the surety bond. The cases were consolidated and…